HomeMy WebLinkAboutResolution 26-003 Reaffirming Ordinance 26-002CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO.26-003
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
REAFFIRMING ORDINANCE NO. 26-002 AND THE FINDINGS OF FACT
THEREIN
WHEREAS, the City of Spokane Valley ("City") is a non -charter code city established in
accordance with Title 35A, Title 11 of the Revised Code of Washington; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley ("City") is authorized to "make and enforce within its limits all such local police, sanitary
and other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the city; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to enact an
interim land use regulation prior to holding a public hearing, provided the City conducts a public hearing
on the interim regulation within 60 days of the date of adoption of the same; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this interim land use ordinance is
exempt from the requirements of a threshold determination under the State Environmental Policy Act
(SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and
WHEREAS, on February 3, 2026, the City Council adopted Interim Ordinance No. 26-002 which
(1) determines that potential development of Battery Energy Storage Systems ("BESS") within the City's
territorial boundaries is an emergency because it presents an imminent threat to public health, safety, and
welfare because it is an emerging technology known to present dangers to the surrounding community
that are not addressed in the Spokane Valley Municipal code, including but not limited to the risk of fire,
explosions, thermal runaway incidents, and the release of toxic gases; and
WHEREAS, Interim Ordinance No. 26-002 prohibits BESS from locating or being developed on
property within the City; and
WHEREAS, RCW 35A.63.220 requires City Council to hold a public hearing on Interim
Ordinance No. 26-002 within 60 days after adoption; and
WHEREAS, Interim Ordinance No. 26-002 set the public hearing to receive testimony for March
17, 2026, beginning at 6:00pm (or as soon as can be heard thereafter) at City Council Chambers; and
WHEREAS, notice for the public hearing was duly advertised in the Spokesman -Review on
February 27, 2026; and
WHEREAS, City Council held a public hearing and received public testimony regarding Interim
Ordinance No. 26-002 on March 17, 2026;
NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington as follows::
Section 1: Recitals Incorporated. The statements in the above recitals and recitals of Interim
Ordinance No. 26-002 are incorporated herein by this reference.
Section 2: Findings of Fact Reaffirmed. The City Council reaffirms the findings of fact adopted
in Section 1 of Interim Ordinance 26-002.
Section 3: Effective Date. This Resolution shall be effective upon adoption.
Passed by the City Council this 17"' day of March 2026.
ATTEST:
Marci Ntterson, City Clerk
CITY OF SPOKANE LEY
Laura Padden, Mayor
/Appved as to o m:
Offic f the.City Attorney